M.Chitra v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Chitra ...

Petitioner versus 1.The District Collector, Dharmapuri Collectorate, Dharmapuri - 636 705.

2.The Commissioner, HR & CE Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

3.The Assistant Commissioner, HR & CE Endowment Department, Sengunthar Kalyana Mandapam Complex, Kumarasamipettai, Dharmapuri - 636 701.

4.The Sub Registrar, Marandahalli, No.25, Thandava Udayar Street, Marandahalli, Palacode Taluk, Dharmapuri - 636 806.

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5.Arulmigu Selliyamman Temple, Upparahalli, Palacodu Taluk, Dharmapuri District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fourth respondent to register the Settlement Deed dated 30.11.2023 executed by the petitioner in favour of her husband Munirasu, without insisting No Objection Certificate from the second respondent.

For Petitioner :

Mr.J.Josepstalin For Respondent Nos.1 to 4 :

Mr.M.Shajahan Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the fourth respondent to register the Settlement Deed dated 30.11.2023 executed by the petitioner in favour of her husband Munirasu, without insisting No Objection Certificate from the second respondent.

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3.

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 4 and perused the materials available on record.

4.

It is the case of the petitioner that the Settlement Deed has been executed in favour of her husband and she has presented the document before the Sub-Registrar. However, the same has not been registered and no objection certificate has been sought from the temple. 5.

The learned counsel for the petitioner submitted that the temple has also issued a letter dated 02.08.2023 wherein it is clearly stated that Survey Nos.530/1, 537 and 538/2 not belong to the temple and it belongs to the petitioner. The letter dated 02.08.2023 is available on record. 6.

In such view of the matter, as the temple itself has given no objection and informed that they have no right over the property, let the petitioner produce the letter dated 02.08.2023 to the fourth respondent. On production of such letter, the fourth respondent after verifying the 3/6

genuineness of the letter register the Settlement Deed dated 30.11.2023 within a period of one week from the date of receipt of a copy of this order. 7.

With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The District Collector, Dharmapuri Collectorate, Dharmapuri - 636 705.

2.The Commissioner, HR & CE Endowment Department, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 34.

3.The Assistant Commissioner, HR & CE Endowment Department, Sengunthar Kalyana Mandapam Complex, Kumarasamipettai, Dharmapuri - 636 701.

4.The Sub Registrar, Marandahalli, No.25, Thandava Udayar Street, Marandahalli, Palacode Taluk, Dharmapuri - 636 806.

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N.SATHISH KUMAR , J.

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